Rethinking Criminal Law Theory
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection brings together, for the first time, various Canadian scholars who demonstrate the fact that criminal law theory is no longer to be associated exclusively with the older British, German, and American traditions. The topics covered include: the legitimate scope of domestic and international criminalization, rationales for criminal law defenses in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law.
Publication Date: 1/6/2012